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Professional Liability Transactions & Cases
Professional Liability - Physicians and Physicians' Associations Among the examples of professional liability matters we have assisted physicians and physicians' associations with are: - Successfully assisting a physician in Yellowknife responding to a Medical Board of Inquiry hearing relating to complaints of breach of confidence
- Representing a physician in Fort Smith charged with inappropriate conduct in conjunction with a medical examination
- Representing a provincial medical association in making submissions on behalf of Alberta physicians to a Privacy Commissioner's Investigation regarding the sale of health provider information to an international Pharmaceutical Association
- Defending a physician being sued by the estate of a former patient for damages arising from an alleged failure to detect and properly treat an infection
- Representing several physicians called to give evidence at a Coroner's Inquest arising from the death of a patient while in RCMP custody
- Defending physicians sued as a result of an alleged failure to properly monitor day passes granted to a psychiatric patient
- Successfully assisting a physician in responding to a Medical Board of Inquiry complaint alleging medical misconduct in failing to detect cancerous growths in the context of annual physical examinations
- Assisting a provincial medical association in responding to a complaint to the Privacy Commissioner for the Province of Albertaq regarding an alleged failure to properly respond to a request for health information
- Representing an NWT physician in appealing a health board's refusal to grant hospital privileges
Professional Liability - Accountants Among the examples of professional liability matters we have assisted accounting firms with are: - Advising a Big Four accounting firm in connection with communications with an audit committee of an SEC registrant.
- Acting as co-counsel on a $63 million action brought against a national firm in connection with audit and compilation engagements for a public company.
- Defending a major accounting firm in a $1 million action claiming negligence in the course of review work.
- Defending a major accounting firm in an action alleging negligence in failing to advise of non-resident withholding tax in a review engagement.
- Counseling a firm in an application demanding working papers by a party to a commercial dispute.
- Counseling to a firm in an application demanding examination for discovery of an accountant and related working papers by a party to a commercial dispute.
- Defending a national accounting firm against allegations of negligent advice given in respect of an income tax rollover transaction. In the midst of trial, we successfully negotiated a discontinuance of action against the firm without costs.
- Defending a national predecessor firm in an action brought by a national real estate developer, alleging that tax advice provided in respect of its MURB developments was negligent. The action was dismissed at an early stage of the litigation without costs.
- Defending an accounting firm after a mortgage company in Alberta failed and the investors commenced an action against the Province and the accounting firm. The action against our client was dismissed by the trial judge.
- Counseling national firm in the course of an inquiry, professional disciplinary proceedings and subsequent lawsuit claming $200 million. The action settled for a minimal payment.
- Advising a national firm regarding allegations of negligence in providing audit and accounting services for two chartered banks. We reviewed the matter and advised against participating in a proposed mediation, resulting in no further proceedings against our client.
- Defending a national firm in over 15 lawsuits brought against the firm for total amounts in excess of $35 million in three jurisdictions, including class actions. After examinations for discovery and a successful mediation, these suits were settled.
- Counseling a national firm in connection with an investigation by the Alberta Securities Commission. The investigation was resolved with costs payable to the firm.
- Counseling a national firm in connection with a proposed multi-million dollar action and related Alberta Securities Commission investigation and enforcement hearing. The Plaintiffs did not proceed with the action against the accounting firm.
- Defending a firm acting as Receiver of an electrical contracting company. After trial, a nominal payment was made to settle the claim against the Receiver. The action continued against the Defendant bank, which suffered a judgment against it for over $2 million.
- Defending a firm acting as a Trustee in Bankruptcy that was alleged to have failed to respond to a claim made by a secured creditor. The claim against the Trustee was summarily dismissed.
- Defending a chartered accountant in a small firm in disciplinary proceedings brought by the Provincial Institute.
- Advising a major firm as to the requirement for payment for intellectual property tax advice.
- Acting as counsel to the NWT Institute of Chartered Accountants in an investigation hearing looking into the conduct of a member
- Defending an action brought against a national accounting firm for $10 million.
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